Jeremy Rosenthal | May 14, 2026 | Criminal Defense
Facing criminal charges can be stressful and confusing, especially if you have never been through the court system before. While every criminal case is different, most trials follow a similar process. Understanding the steps of a criminal trial can help you know what to expect and why experienced legal representation from a criminal defense lawyer in McKinney, TX, matters.
What Happens Before a Criminal Trial?
Several important events occur before a criminal trial officially begins. After an arrest, the defendant usually attends an initial court appearance where a judge explains the charges and addresses bond or bail conditions. The defendant will then enter a plea during an arraignment.
During the pretrial phase, both sides exchange evidence and prepare their cases, and this process may include:
- Reviewing police reports and witness statements
- Filing legal motions
- Negotiating plea agreements
- Interviewing witnesses
- Examining physical or digital evidence
Many criminal cases are resolved during this stage without ever going to trial. If no agreement is reached, the case moves forward to court.
Step 1: Jury Selection
Jury selection, also called voir dire, is the first stage of the trial itself. Attorneys for both sides question potential jurors to determine whether they can remain fair and impartial. The goal is to select jurors who can evaluate the case based solely on the evidence presented in court.
Step 2: Opening Statements
After the jury is selected, both sides present opening statements. The prosecution typically goes first and explains the allegations against the defendant. Prosecutors outline the evidence they believe will prove guilt beyond a reasonable doubt.
The defense then presents its opening statement. Defense attorneys may highlight weaknesses in the prosecution’s case, explain the defendant’s side of the story, or point out issues with the evidence.
Opening statements are not evidence. Instead, they provide the jury with an overview of what each side expects the trial to show.
Step 3: Presentation of Evidence
The presentation of evidence is often the longest part of a criminal trial. The prosecution presents its case first because prosecutors carry the burden of proof.
Evidence introduced during the trial may include:
- Witness testimony
- Surveillance footage
- DNA evidence
- Medical records
- Phone or financial records
- Photographs or physical evidence
After each prosecution witness testifies, the defense has the right to cross-examine them. Cross-examination allows defense attorneys to challenge the witness’s credibility, memory, or version of events.
Once the prosecution finishes presenting evidence, the defense may present its own witnesses and evidence. However, defendants are not required to testify or prove their innocence.
Step 4: Closing Arguments
After all of the evidence has been presented, both sides deliver closing arguments. During this stage, attorneys summarize the evidence and attempt to convince the jury.
Prosecutors argue that the evidence proves the defendant’s guilt beyond a reasonable doubt. Defense attorneys focus on weaknesses in the prosecution’s case and emphasize reasonable doubt.
Closing arguments give both sides one final opportunity to explain why the jury should rule in their favor.
Step 5: Jury Instructions and Deliberation
Before the jury begins deliberating, the judge provides instructions explaining the laws that apply to the case. Jurors are told how to evaluate the evidence and what legal standards must be met before they can return a guilty verdict.
The jury then meets privately to discuss the case and review the evidence. During deliberations, jurors attempt to reach a unanimous decision. Depending on the complexity of the case, deliberations may last several hours or several days.
If jurors cannot agree on a verdict, the court may declare a mistrial because of a hung jury.
Step 6: The Verdict
Once deliberations are complete, the jury returns to the courtroom to announce its verdict. If the jury finds the defendant not guilty, the defendant is acquitted because the prosecution failed to meet its burden of proof. If the jury returns a guilty verdict, the case proceeds to sentencing.
In some situations, jurors cannot unanimously agree on a verdict. When this happens, the court may declare a mistrial because of a hung jury. Prosecutors may then decide whether to retry the case.
What Happens After a Criminal Trial?
If the defendant is convicted, the court schedules a sentencing hearing. During sentencing, the judge determines the penalties that will apply based on the offense and other relevant factors.
Potential penalties may include:
- Jail or prison time
- Probation
- Fines
- Community service
- Restitution
- Mandatory counseling or treatment
Defendants may also have the right to appeal a conviction if legal errors occurred during the trial process.
Contact Texas Defense Firm to Schedule a Consultation With a McKinney Criminal Defense Attorney
If you are facing criminal charges in Texas, having a knowledgeable defense attorney can make a major difference in your case. Criminal trials involve complicated procedures, strict rules of evidence, and serious consequences that can affect your future.
Texas Defense Firm is prepared to protect your rights and guide you through every stage of the criminal process. Contact our office today to schedule a consultation with an experienced McKinney criminal defense lawyer.
We proudly serve Collin, Denton, Kaufman, and Rockwall counties and the surrounding areas. Visit our law offices at:
Texas Defense Firm – McKinney Office
7300 State Highway 121 Suite 400
McKinney TX 75070
(972) 369-0577
Available 24/7
